1. Water in Washington Keith Phillips May 2004

2. The numbers ~ population growth l 1.5 M -- surface code adopted (1917) l 3.5 M -- last time code updated (1971) l 5.6 M -- today l 7.0 M -- by 2010 l Eastern  Western Washington: –different economics, population, water supply –growth rates are similar

3. The numbers ~ endangered fish l Over 20 listed salmon/trout/ steelhead runs l 16 over-appropriated basins: stream flows critical to recovery l 7 salmon recovery areas – much of the state

4. Consumptive Water Use in WA Irrigation Industrial Municipal

5. What is a water right? l Application (intent to appropriate) l Permit (authorization to develop) l Proof of appropriation (beneficial use) l Certificate of water right (property right) l Change of certificate l Relinquishment (abandon; forfeiture)

6. Water Rights Permits Ecology must determine: l use is beneficial l water is available l existing water uses not impaired l not detrimental to public interest

7. Water Rights “P’s & Q’s” P’s ~ l point of diversion l purpose of use l place of use l priority date Q’s ~ l “Qa” = annual quantity l “Qi” = instantaneous quantity

8. Water Rights “P’s & Q’s” P’s ~ l point of diversion l purpose of use l place of use l priority date Q’s ~ l “Qa” = annual quantity l “Qi” = instantaneous quantity (Can be changed only with State approval)

9. Pending Applications

10. A matter of belief ~ water as l Agriculture ~ a full property right beyond the purview of government l Cities ~ a right needed to meet the duty to serve planned growth l Environmental ~ belonging to the citizens to be held in public trust l Business ~ an affordable/timely resource for economic growth l Tribes ~ allocated by treaties and reserved for future uses l Feds ~ owned by federal projects (irrigation/hydropower/reserved)

11. The water code... l A set of general principles to be applied to the facts l 2/3 of the water code is not in statute -- it is common law (case law) l A layer cake compiled over 120 years l All uses are equal -- the only priority is “first in time is first in right” l Overallocation by design -- junior rights give way when water is short l Limited/no recognition of GMA, ESA, local watershed plans, public trust

12. “I tell you gentlemen, you are piling up a heritage of conflict and litigation over water rights for there is not sufficient water to supply the land.” JOHN WESLEY POWELL, 1834 - 1902

13. Water management challenges l Water for growing communities

14. Water management challenges l Water for growing communities l “Use it or lose it” – what is the incentive to save water?

15. Water management challenges l Water for growing communities l “Use it or lose it” – what is the incentive to save water?  grapes onions  aluminum smelters  past conservation

16. Water management challenges l Water for growing communities l “Use it or lose it” – what is the incentive to save water? l Fish short of water

17. Lower Summer Flows = Fewer Fish

18. Rainfall and Snowmelt Affect Flows flow precipitation

19. Land Use Affects Flows

20. Urbanizing land use ~ changes hydrology Annual Rainfall: 46 inches

21. Withdrawals Affect Flows

22. Withdrawals -- a large effect in small streams (Upper Crab Creek, Lincoln County) groundwater low flows surface

23. Dams Affect Flows

24. Natural Flows Before Dams (Low Water Year (1931))

25. Flows After Dam Construction (Low water years) 1977 1931

26. Water management challenges l Water for growing communities l “Use it or lose it” – what is the incentive to save water? l Fish short of water l Water not where/when we need it –limited storage and conveyance –no reuse infrastructure

28. Mark Twain (1835-1910) “Water, taken in moderation, cannot hurt anybody.”

29. Preferred Future (Vision) Natural resource base Water market Information-based water management Shared governance

30. Establish a natural resource base Adequate quantity/quality for properly functioning, healthy watershed Sufficient to meet esthetic, recreational and other human needs for streamflows Base is defined, established and set aside in each watershed

31. Progress with streamflows Instream flow rules Interruptible water rights Hydropower bypass/releases Public funds for water conservation Multipurpose storage Water rights acquisition

33. Market water rights l Markets replaces water allocation and permit system l Efficiencies (conserve, reuse) are driven by market forces l Simple market rules ensure fairness and address impairment l Market generates funds to support market/natural base l Basic family needs subsidized in the market

34. Water Right Changes 01-03 Biennium: Tripledproduction!

35. Ag jobs per water unit … Jobs per 1000 AF l Field crops 2 l Vegetables20 l Fruits/nuts22

36. Ag water use and value … Use Value l Field crops 66 28% l Vegetables 9 30 l Fruits/nuts 25 42

37. If Ag Covered Urban Needs...

38. Information-based management Monitoring of surface and ground water conditions Measurement and reporting of all water use Market information is readily available to all parties Clearly defined water rights, fully adjudicated

39. (6,800) (48,000) (3,600) (170,000)

40. Shared governance Water management responsibilities divided among governments State governance role with the natural resource base, and tribal/federal relationships Local governance role with the market, linked to land use decisions

43. If you don’t have enough water … … you have to “make water” ~ … you have to “make water” ~ l Use water efficiently water conservation water reuse l Store water -- for when needed l Move water -- shared supplies, conveyance systems, markets

44. Local watershed choices … There’s enough in the stream/ground to meet future and fish needs … OR We can stretch what we have and what we get each year (e.g., “share the pain/gain”) … OR We need to actively manage our water supplies to meet the needs …

46. Columbia River Basin

50. The Columbia River’s Economic Significance Annual Value Agriculture$5 billion Electricity$2 billion Transportation$100’s of millions Recreation$10’s of millions Fishing$10’s of millions

51. National Research Council Salmon populations at < 10 % Many variables affect salmon, including water temperature and velocity Water use affects temperature and velocity, and will likely increase Current water withdrawals have noticeable effects in July/August Increased water use during Jul/Aug could pose substantial risk to salmon

52. Program objectives Meet the water supply needs … Reduce the risk to fish …

53. How much water do we need?

54. What water is needed? Over 20 years 500,000 - 750,000 acre-ft / yr 2/3 for communities 1/3 for fish

55. Where will the water come from?

56. Where will it come from? Water Use Efficiency

57. Where will it come from? Water Use Efficiency Conservation: conveyance/on farm

58. Where will it come from? Water Use Efficiency Conservation: conveyance/on farm Existing storage and conveyance

59. Where will it come from? Water Use Efficiency Conservation: conveyance/on farm Existing storage and conveyance New, multipurpose storage (future)

60. How do we make the water available?

61. A State Water Bank Reserves for fish and existing interruptible rights Deposits lead to new permits, by processing pending applications Also serve as water market

62. Where will the money come from?

63. How do we fund the program? A combination of ~ state public funding state public funding private water user fees private water user fees

64. How do we fund the program? State public funding Water to establish the bank

65. How do we fund the program? State public funding Water to establish the bank Water for fish

66. How do we fund the program? Water user fees Repay a portion of state funding

67. How do we fund the program? Water user fees Repay a portion of state funding Expand the bank

68. How do we fund the program? Public benefits + economic potential warrant public investment warrant public investment allow for reasonable user fees allow for reasonable user fees

70. Climate change = less snow April 1 Columbia Basin Snow Extent

71. 1928 2000 The South Cascade glacier retreated dramatically in the 20th century Courtesy of the USGS glacier group

72. Snake River at Ice Harbor Reduced summer flows less water for irrigation, fish, hydro Increased winter flows more hydropower production

73. Mission Meet current and future water needs for people, farms and fish